RETALIATION

Retaliation? Not if you can prove you would have fired anyone who broke the same rule

09/22/2016
Don’t despair if you need to fire the worker for reasons unrelated to her EEOC complaint.

Firing OK for cheating discovered during FMLA

09/15/2016
Employees who take FMLA leave are entitled to return to their old jobs or equivalent ones. But what if you learn during an employee’s time out on FMLA leave that she wasn’t everything you believed her to be?

Rudeness doesn't always equal hostile environment

09/14/2016
Just because co-workers can be rude doesn’t mean the target of mean comments has a hostile work environment claim — especially when the comments are ambiguous, subject to interpretation and didn’t occur repeatedly.

Disabled employee's accommodations a hassle? Don't let frustration lead to retaliation

09/07/2016
Don’t let annoyance over disability accommodations turn into retaliatory harassment.

Statements to licensing board aren't retaliation

09/06/2016
Public employees who speak out about matters of public importance are protected from retaliation. But retaliation doesn’t include an employer’s complaint about the employee to a licensing board.

Legitimate discipline isn't retaliation

09/06/2016
Some managers fear disciplining a worker who has complained about discrimination or other allegedly illegal conduct. Quite reasonably, they worry that punishing an employee after he or she complains may precipitate a retaliation claim.

Watch out for retaliation after employee has complained about bias or harassment

08/26/2016
Sure it’s frustrating when an employee gripes about general workplace problems. Don’t let that frustration spill over into retaliation. If the worker is making a good-faith complaint about alleged discrimination or harassment, he’s protected from retaliation.

Lift roadblocks to harassment reporting or prepare for a retaliation lawsuit, too

06/17/2016
If you place obstacles in the way of reporting potential sexual harassment, expect trouble. Employees who have to jump through hoops to get their concerns addressed may sue.

Petty slights aren't grounds for a lawsuit

06/09/2016
Some workers are thin-skinned and seem to think that little annoyances can add up to a discrimination or retaliation lawsuit. Fortunately, that’s not true.

Action and reaction: EEOC floats guidance on retaliation enforcement

05/31/2016
Retaliation claims have risen dramatically in recent years, becoming the most frequently reported basis for discrimination claims.

Court losing patience with baseless lawsuits

05/02/2016
Increasingly, courts have been tossing out cases early on when it’s clear the former employee isn’t sure exactly what she thinks the employer did, but just assumes it was some sort of discrimination.

Halting internal probe pending EEOC action isn't retaliation

04/28/2016
Employees who simultaneously file an EEOC charge and an internal complaint usually can’t win a retaliation claim just because their internal complaint was put on hold pending the outcome of the EEOC claim.

Beware rewarding employees who testify on your behalf

04/14/2016
Rewarding employee who testified on your behalf can lead to retaliation suit

Short-circuit desperate employee's lawsuit by tracking every step of disciplinary process

04/14/2016
Tracking an employee's discipline process from beginning to end can can head of retaliation claim
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